§ 1 Scope of the General Terms and Conditions
- Airlinetools GmbH operates an online shop under the domain www.a3xxflightdeck.com for commercial purposes. On this website, it offers buyers products for purchase over the Internet, principally the FlightDeck A3xx FlightSimulator.
- The following General Terms and Conditions apply to all business transactions of the company Airlinetools GmbH (seller) both with distributors and end customers (buyers) insofar as nothing to the contrary is stated in the General Terms and Conditions or the extent that no deviations and side agreements have been expressly made on an individual case basis. The General Terms and Conditions are deemed to have been accepted by the buyer when an order is placed, even in circumstances where divergent terms of the buyer, in particular General Terms and Conditions of the buyer, are not contradicted.
- The present General Terms and Conditions are set out in German and may be downloaded by the buyer.
- In the event of collisions, the order of precedence of provisions is as follows:
- particular terms of business that apply to the individual services;
- the present General Terms and Conditions;
- statutory provision.
- The identifiable address of Airlinetools GmbH and of the company’s authorised representative is Airlinetools GmbH, Walzmühlestrasse 45, CH-8500 Frauenfeld.
§ 2 Conditions of participation
The seller concludes contracts with buyers who:
- are fully legally competent natural persons aged over 18 years
- are legal persons with residency or a Registered Office in Switzerland or in a member state of the European Union. Insofar as an offer from an ineligible participant has been inadvertently accepted by the buyer, the seller is entitled to declare withdrawal from the contract vis-à-vis the buyer within an appropriate deadline.
§ 3 Product selection
- The buyer has the opportunity to select and order products on the website stated above.
- The buyer receives a separate product description with regard to each product on the relevant web page.
- Buyers can click on the products they wish to purchase on the website. These products are collected in a virtual shopping basket. At the end of the shopping process, buyers receive a full list of products showing the total price including Value Added Tax and not including shipping costs.
- Before orders are sent out, the seller enables the buyer to check the order for correctness of content, in particular price and quantity, and to make any corrections that are necessary
§ 4 Offer and conclusion of contract
- The offers of the seller are without engagement and non-binding. Products are subject to prior sale. No liability is accepted for printing errors.
- Insofar as no information regarding validity of offer is included in the offer, offers are valid for a period of 10 days. Guarantees are only binding for the seller if and to the extent that they are designated as such in an offer or in a confirmation of order and if such an offer or confirmation of order also stipulates the duties of the seller arising from the guarantee.
- The seller’s duty to deliver is determined by written confirmation of order or a written offer. The contract is concluded when confirmation of order is given or when delivery of goods takes place.
§ 5 Terms of withdrawal
- If the buyer is a consumer (i.e. a natural person who places an order for a reason unconnected with the exercise of his or her trade, profession or independent business), the buyer shall have a right of withdrawal in accordance with the statutory provisions.
- In the event of the exercising of right of withdrawal, the buyer shall bear the costs of return if the product delivered is in accordance with what was ordered and if the value of the order does not exceed CHF40 or – in the event that the price of the product is higher – the buyer has not yet provided payment or a contractually agreed partial payment at the time of withdrawal. Returns shall otherwise be free of charge for the buyer.
- Right of withdrawal shall otherwise be governed by the statutory provisions, which are set out in detail in the following
- Terms of withdrawal:
- Right of withdrawal
You may withdraw from the contract entered into within 14 days and without giving reasons for so doing by stating such an intention to withdraw from the contract in text form (e.g. letter, fax, e-mail). In the event that goods have been supplied to you before the expiry of said deadline, you may withdraw from the contract by returning the product. The deadline shall commence upon receipt of the present terms of withdrawal in text form. It shall not, however, commence before receipt of the goods by the recipient (in the case of the repeated delivery of goods of the same nature not before the receipt of the first partial delivery) and shall further not commence before fulfilment of our duty to inform. Timely dispatch of notice of withdrawal or of goods shall be deemed sufficient for compliance with the deadline for withdrawal. Notice of withdrawal shall be sent to:
Fon: +41 (0) 52 728 35 47
Fax: +41 (0) 52 728 35 48
- Right of withdrawal
- Consequences of withdrawal
- In the event of valid withdrawal, any performance received by either party shall be returned and any benefits gained (such as interest) shall be surrendered. You must grant us compensation to the extent that you are unable to return performance in whole or in part or in the event that you are only able to return such performance in impaired condition. In the case of the supply of goods, such a requirement to pay compensation shall not apply in circumstances where impairment of the product is merely due to inspection of the product in a way which would, for example, have been possible in a retail outlet. You may further avoid the duty to pay compensation for impairment to a product occasioned by putting such a product to its intended use by not using the product as your property and by desisting from all actions which impair the value of the product. Products which can be dispatched in the form of a parcel shall be returned at our risk. You shall bear the costs of return if the product delivered is in accordance with what was ordered and if the value of the goods to be returned does not exceed CHF40 or – in the event that the price of the product is higher – if you have not yet provided payment or a contractually agreed partial payment at the time of withdrawal. Returns shall otherwise be free of charge for you. Products which cannot be dispatched in the form of a parcel will be collected from you. Obligations for the reimbursement of payments must be fulfilled within 30 days. For your part, said deadline shall commence when your declaration of withdrawal or the product is dispatched. For our part, said deadline shall commence when the product is received.
- Financed transactions
If you are financing the present agreement via a loan and later withdraw from the contract, you will no longer be bound by the loan agreement to the extent that both agreements constitute a single economic entity. The above shall particularly be the case in circumstances where we have also acted as your lender or where your lender acts in conjunction with us with regard to provision of financing. If we have already become the beneficiary of a granted loan at the time of withdrawal or return, your lender shall succeed to our rights and obligations in relation to you under the financed agreement in respect of the legal consequences of the withdrawal or return. The latter does not apply in circumstances where the object of the present agreement is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to undertake all possible steps to avoid contractual obligation, you are advised to exercise your right of withdrawal and also to withdraw from the loan agreement if you are also accorded a right of withdrawal in this regard.
- – End of terms of withdrawal –
- Information on statutory exceptions to the right of withdrawal
- There is no right of withdrawal pursuant to statutory stipulation in respect of the distance selling of goods which have been manufactured in accordance with customer specifications, goods which are clearly tailored to personal requirements, goods which are not suitable for return by dint of their nature, goods which may easily spoil, goods for which the use-by-date has expired or for agreements relating to the supply of audio and video recordings and software supplied on data media from which you have removed the seal.
§ 6 Prices and terms and conditions of payment
- The buyer may pay the purchase price in cash or by direct debit. All prices stated are gross prices in EUR. Prices do not include shipping costs or the costs of set-up, assembly, mounting or installation. Any ancillary services agreed and any costs advanced by the seller in accordance with the agreement shall be borne by the buyer insofar as nothing to the contrary has been stipulated.
- Shipping costs: Two fixed-cost shipping rates apply which will be calculated by the online shop according to Swiss Post Office price list. Costs are individually stipulated by the sales staff of the seller in the case of orders placed by telephone or fax or in the case of orders to be delivered abroad.
- In the event of default of payment (failure to meet the stated payment deadline no later than 30 days after receipt of goods and invoice), penalty interest in the amount of 5% above base rate shall be payable. If the buyer is not an end consumer, the amount of penalty interest charged will be 8% above base rate. This is without prejudice to the seller’s right to demonstrate that a higher degree of damage has been incurred or to the buyer’s right to demonstrate that a lower degree of damage has been incurred.
- The buyer is only entitled to set off claims if counterclaims have been established in law, are undisputed or have been recognised by the seller. Buyers are not entitled to assign rights arising from the agreement without the consent of the seller. This does not apply in circumstances where the buyer has a legitimate interest in the assignment.
- In the case of contracts with a lead time of more than four months, the seller reserves the right to increase costs in line with cost increases stipulated by the manufacturer in the intervening period. The buyer has a right of withdrawal in cases where an increase is more than 5% of the agreed price. The buyer must exercise such a right of withdrawal without delay following notification of the price increase.
- If buyers fail to meet payment obligations, if buyers cease payment or if a bank does not honour a cheque made out by the buyer, the seller is entitled to withdraw from the present agreement immediately and without any requirement to give particular prior notice. In such cases, all claims of the seller against the buyer shall fall due for immediate payment in full.
§ 7 Delivery
- Delivery will usually take place within a few working days following acceptance of contract by the seller or payment of the order. Notwithstanding this, delivery dates and delivery deadlines are not binding insofar as nothing to the contrary has been expressly agreed in writing. Deliveries are made by parcel delivery service, via a forwarding agent or by post from our warehouse in Regensburg at the expense of the buyer. Route of transportation is chosen by the seller without liability to select the cheapest freight method. Costs of delivery are borne by the buyer in accordance with the fixed-cost shipping rates agreed pursuant to § 6 Clause 2 above.
- If the buyer is not a consumer and the sale does not involve consumer goods, the risk of transport shall be borne by the buyer including in the case of partial deliveries or returns. In such an event, the seller has fulfilled delivery obligations once goods are handed over for dispatch. Transport insurance for goods sent may be concluded at the expense of the buyer.
- The seller is entitled to make partial deliveries and provide partial performance.
- In the event that delivery deadlines are exceeded, the buyer may require the seller in writing to deliver within an appropriate subsequent deadline of at least 10 days. Following expiry of such a subsequent deadline, the buyer may withdraw from the contract. Further claims for compensation exist only as stipulated pursuant to § 14 below.
- The seller is entitled to withdraw from the contract in the event of hindrances to performance that are unforeseeable and not the fault of the seller, such as force majeure, strikes, lockouts and operational malfunctions not attributable to the seller, even if such hindrances occur at suppliers and sub-suppliers to the seller. Claims for compensation on the part of the buyer are excluded.
§ 8 Duties of the buyer
- The buyer is required to act without delay in obtaining appropriate certification from the company providing transport regarding any obvious external damage to goods delivered. No loss of guarantee claims or consumer protection rights results if the buyer is in breach of such a duty. This is without prejudice to the duty of the buyer to provide notification of defect.
- Buyers shall be liable for any damage incurred if they do not act in accordance with the agreement in accepting goods. The parties agree that such damage will be set at 10% of the net amount plus Value Added Tax. The buyer shall also bear the costs of outward and return transport in such a case. This is without prejudice to the seller’s right to demonstrate that a higher degree of damage has been incurred or to the buyer’s right to demonstrate that a lower degree of damage has been incurred.
- Software sold may not be transferred to third parties in whole or in part without the consent of the seller or a legitimate interest on the part of the buyer.
- The buyer may not alter labelling, copyright notices or proprietary information of the software in any form.
- The risk of data loss due to failure to carry out appropriate data back-up is borne exclusively by the buyer.
- Products supplied may contain technologies and software which are respectively subject to relevant export control regulations. The buyer is required to comply with such regulations. The seller is entitled to withdraw from the contract in the event of a breach of export regulations. In exporting goods, the customer is required to comply with the provisions contained within the Foreign Trade Act, with COCOM regulation and with US Export Administration Regulations.
§ 9 Retention of title
- Goods delivered remain the property of the seller until final payment of all claims of the seller against the buyer arising from the contract. If the buyer is a registered trader, retention of title remains in place until payment of all outstanding claims of the seller against the buyer. Retention of title shall also remain in place in the event that individual claims are added to a current invoice and the balance has been calculated and acknowledged.
- The buyer may not pledge goods subject to retention of title nor offer such goods as security. Notwithstanding this, the buyer may resell such goods in the normal course of business. The buyer shall transfer to the seller any rights resulting from such a resale or, on a proportional basis, any rights resulting from the sale of products created by processing goods subject to retention of title. The seller accepts such an assignment. The buyer shall be required on request to provide notification of the addresses of third party debtors and of the amounts of claims and shall further be required to notify third party debtors of the assignment. In the event that third parties seek to gain access to goods, and particularly in the case of seizure or any other impairment of the goods subject to retention of title or of the claim ceded, the seller shall be notified in writing without delay.
- In the event that the value of goods subject to retention of title together with claims ceded in advance exceeds 120% of the claims to be secured, the seller shall, at the request and discretion of the buyer, be required to release collateral to such an extent.
- In the event that the buyer is in default of payment or fails to meet obligations arising from retention of title, the seller may require return of the object of purchase from the buyer and, having given prior notification in writing and stipulated an appropriate deadline, may sell the object of purchase on the open market to achieve the best possible price and set of the proceeds of such a sale against the purchase price.
§ 10 Rights of exploitation
- In the case of hardware sales, the seller transfers to the buyer the non-exclusive and irrevocable right to use the operating software sold with the hardware.
- In the case of software sales, the seller transfers to the buyer the non-transferable and non-exclusive right to use the programmes for an indefinite period for the whole of the product’s economic life.
- Copying of the programmes in machine-readable or printed form is only permissible within the scope of use agreed pursuant to the contract. Use agreed pursuant to the contract is defined as the loading of instructions or data of a programme via transmission from memory capacities or from data storage media into the designated central unit for the purpose of processing and the creation of a copy in machine-readable form for the purpose of data back-up.
§ 11 Guarantee and liability
- The seller guarantees that, at the time of handover, products will have any characteristic that may have been agreed or will be free from material defects. This means that products will be suitable for uses set out in the contract or suitable for general use and will exhibit a characteristic that is usual for articles of the same type and that the buyer may expect in accordance with the nature of the article and/or in accordance with notification given by the seller or by the manufacturer.
- The duration of the guarantee period is two years. Said period commences when goods are received by the buyer.
- In the event of a defect, the buyer may choose subsequent performance in the form of rectification of the defect or delivery of a new product that is free from defects. The seller may refuse the type of subsequent performance selected by the buyer if it is not possible to provide such a type of subsequent performance without incurring disproportionate costs. In the event that rectification of a defect by means of repair or within the scope of an appropriate subsequent deadline is unsuccessful, the buyer is entitled to require the delivery of an article that is free from defects, to reduce the purchase price or to withdraw from the contract. Withdrawal from the contract is excluded if a defect is negligible or immaterial.
- Guarantee claims are not valid in the case of improper or excessive use. If a defect is revealed more than 6 months after handover, the buyer shall be required to provide evidence that the product was defective at the time when transfer of risk took place. The seller shall otherwise be entitled to provide evidence that the product did not exhibit any defect at the time of handover.
- The seller accepts no guarantee for defects and damage caused by unsuitable or improper use, by failure to comply with operating instructions or by incorrect or negligent treatment. This particularly applies in the case of the operation of equipment using the wrong type of electrical current or wrong voltage and in the case of connection to unsuitable sources of electricity. The same applies to defects and damage caused by fire, lightning strikes, explosions, network surges, dampness of all kinds, incorrect or absent programme software and/or processing data unless the buyer demonstrates that such circumstances are not the reason for the defect forming the object of complaint.
- The guarantee will lapse if the buyer arranges for interventions and/or repairs to equipment without the express written confirmation of the seller or by persons who are not authorised by the seller insofar as such interventions and/or repairs may be connected to the malfunction.
§ 12. Particular guarantee provisions outside the sale of consumer goods
- Any guarantee claims asserted by the user are subject to proper fulfilment of obligations incumbent on the buyer to examine goods and provide notification of defects.
- Claims for defects shall lapse 12 months after delivery to the buyer of goods supplied by the seller. A guarantee for used goods is excluded. The provision contained within the present clause is without prejudice to claims for compensation. The seller shall be notified of any return of goods.
§ 13 Force majeure
- If the seller is unable to provide the service due by reason of force majeure (in particular war and natural catastrophes), the seller shall be exempt from duty of performance for the duration of such a hindrance.
- If force majeure makes execution of order or delivery of goods by the seller impossible for a period of longer than one month, the buyer is entitled to withdraw from the contract.
§ 14 Liability
- The seller shall be liable to an unlimited extent in the case of intent, gross negligence or omission.
- In the event of ordinary negligence, the seller shall only be liable for breaching material contractual duties (so-called cardinal duties) in such a way so as to jeopardise the purpose of the contract. In the case of liability for ordinary negligence, such liability will be limited to such damage as is foreseeable or typical. In the case of liability for ordinary negligence, the total amount of liability is limited to the amount of the foreseeable damage that would typically be expected to be incurred in the event of such a liability. Liability is in all cases limited to five times the purchase price.
- The above is without prejudice to the statutory liability of the seller for damage to life, limb or health, for the absence of guaranteed characteristics, for acts of bad faith, for legal defects and pursuant to the Product Liability Act and the Data Protection Act.
- The above limitations of liability also apply mutatis mutandis to claims against the staff and agents of the seller. They particularly apply to claims for compensation and reimbursement.
§ 15 Returns
The following provisions apply to return of goods outside the period of statutory right of withdrawal or return and outside the period of statutory guarantee:
- Goods are only taken back with the prior written consent of the seller. Goods must be in perfect condition and in their original packaging (full undamaged original packaging, operating instructions, complete packaging etc.)
- Credit will be given for goods taken back less 10% and a minimum of CHF 15 for processing and stockturn costs. This amount is set at a higher or lower level if the seller is able to demonstrate higher costs and the buyer is able to demonstrate lower costs. All special orders, software and customised goods are excluded from the possibility of return.
- The right of return is for private customers only. Business customers are excluded from the right of return.
§ 16 Data protection
- The seller will not pass on such data to third parties, except to partner companies which require such data in order to process the order (e.g. the post office, delivery firms and banks).
- Whilst the buyer is shopping in the online shop and using the shopping basket system, products ordered are stored in a cookie and collected for the buyer’s personal shopping basket. These cookies do not contain any personal data.
§ 17 Clause for the avoidance of mail order fraud
- When their first order is concluded, buyers confirm their agreement to the collection of business information for the purpose of the avoidance of mail order fraud, in particular with regard to bank transfers and direct debits. In making an order, buyers confirm their consent that information may be collected from credit agencies such as Schufa and that such information may be passed on in the case of uncollectable claims relating to goods supplied within the mail order sector (e.g. an unjustifiable chargeback).
§ 18 Place of fulfilment and place of jurisdiction
- Place of fulfilment for payments is the Registered Office of the seller in CH-8500 Frauenfeld, Switzerland.
- All legal relations between the buyer and the seller are governed by Swiss law. The UN Convention on Contracts for the International Sale of Goods shall not apply. If the buyer is a registered trader, a legal entity under public law or a special fund as defined under public law or if the buyer does not have a place of jurisdiction in Switzerland, the seller is entitled to choose to assert a legal claim at the location of the seller’s Registered Office or at the location of the buyer’s Registered Office.
§ 19 Export licence
- The buyer is required to act on the buyer’s own behalf and at the buyer’s own expense in obtaining from the relevant federal agency any licences which may be required for the export of goods supplied. Denial of such an export licence does not entitle the buyer to withdraw from the contract.
§ 20 Severability clause
- In the event that any provision contained within the present General Terms and Conditions shall be invalid either in whole or in part or shall cease to be legally valid at a later point, this shall be without prejudice to the other provisions herein stipulated. In such a case, the statutory stipulations shall apply. The same applies to the extent that the present General Terms and Conditions exhibit a gap in provision not foreseen by the parties.
§ 21 Notifications
- Prices are subject to change. No liability is accepted for typographical errors or mistakes All articles are available only as long as stocks last. Illustrations may vary. All prices are in CHF and include statutory Value Added Tax.
Last updated January 2015
- Next >>